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Originally Posted by smooth
Mephisto, I don't know how you derived that 16 years is the mode for sexual consent, but I'm suspicious of its accuracy.
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16 is the age of consent in the UK, Ireland, Australia and (I thought) the US.
That's where.
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I think a reasonable cut-off point should be determined case by case rather than thinking all adolescents are incapable of autonomous decisions regarding their own sexuality:
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Case by case?! Come on. You know that's impossible. Each and every single case should have no fundamental baseline upon which to proceed? That's a recipe for procedural chaos. And it's also contrary to hundreds of years of legislative theory, case law and precedent.
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This woman wasn't her teacher anymore. The relationship took place after that relationship ended (EDIT: in fact, this teacher was a 7th grade teacher. Since the girl was 14 when the relationship occurred, I interpret this to mean that they have not had a teacher/student relationship for 2 or maybe even 3 years).
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So what? The woman
was her teacher. If the girl had been 18 before the sexual relationship, then I would have simply labeled this as inappropriate. As it occured when she was 14, it is (plain and simple) child sexual abuse. I can't believe you're defending it.
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While I understand how people can become emotional over concerns like yours, you being hot under the collar may be preventing you from understanding my position. Please don't conflate statutory rape with forceable rape simply because a group of legislaturers decided an appropriate age one can or can't make decisions about sex--they are not the same thing in my view.
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That's why statutory rape and "forceable rape" (if such a legal term really exists) have different sentencing.
So what? The woman exploited her position to sexually abuse a child; indeed, to
rape a child.
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I don't subscribe to the notion that laws are derived from (or reflective of) the social beliefs of a community.
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If laws are not derived from the social beliefs of a community, then what are they derived from?
Actually, I'm confused by this position. What on Earth do you think laws are? By simple definition, laws enact the social mores of the society in which they are defined. How else can you see them?
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If you do get interested in that perspective (because a respectful group of scholars do believe it, just not my group), it's called functionalism and is embodied in the works of people like Emile Durkheim.
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I'm not sure I understand what you're saying here. That "functionalism" is indicative of a denial that laws reflect the social and moral context in which they are defined? Or that Emile Durkheim postulates that laws do reflect such notions?
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So, you knowing by now that I'm a conflict theorist (more in line with Karl Marx or, more accurately, Max Weber), understand that I'm more inclined to see law as a construct of those in power to retain their control over scarce resources.
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That's most certainly a Marxist political theory; I'm not familiar with Weber. I'm surprised you subscribe to Marxism which has proven to be completely and utterly wrong in almost all its precepts.
Now, dont' get me wrong. I consider myself a socialist. Perhaps more accurately, a democratic socialist. I'm certainly far to the left of most people on this board. And I was raised in a household full of Marxist (and even Leninist) political theory, practice and paraphenalia. So I'm not ignorant of its tenets. But everyone knows (or should know) that Marxist politics is simply bankrupt and irrelevant in today's society.
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In this case, the sexuality of young women as well as lesbians in a patriarchal society.
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I simply don't understant this statement. In my mind, this has
nothing to do with the sexual preference of the perpertrator, but everything to do with sexually abusing (and raping) a minor.
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P.S. I have no idea when I'll be able to leave the states. But believe me, I'm working on it as fast as I can! I'm actually hoping to start on a fullbright to get us over there before my Ph.D. is completed. Just have to figure out what I might have to offer Oz.
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Looking forward to it mate! Nothing like a good political sparring match...
Mr Mephisto